Neutral Citation No. - 2024:AHC-LKO:44426-DB
Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4578 of
2024
Petitioner :- Rajesh Kumar Sahu
Respondent :- State Of U.P. Thru. Secy. Home Lko And
Others
Counsel for Petitioner :- Mukesh Kumar Sharma
Counsel for Respondent :- G.A.
Hon'ble Attau Rahman Masoodi,J.
Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard learned counsel for the petitioner and learned
A.G.A. for the State/respondent.
2. The instant writ petition has been filed by the
petitioners with the following main relief:-
"(i) Issue a writ, order or direction in the nature of
certiorari quashing the impugned first information report
dated 06.02.2024 registered as Case Crime No.0023 of
2024, under Sections 419, 420, 504, 506 I.P.C. & 66 of
Information and Technology (Amended) Adhiniyam, 2008,
Police Station Indira Nagar, District Lucknow."
3. Learned counsel for the petitioner confines his prayer
for issuing direction to the police authorities to follow the
mandate of Section 41A Cr.P.C. for the reason that the
offences mentioned in the impugned First Information
Report carry the sentence of upto 7 years of
imprisonment.
4. Accordingly, we dispose of this petition with the
direction to the police authorities concerned to follow the
mandate of Section 41A Cr.P.C. and also the directions
issued by the Hon'ble Supreme Court in the case of
Arnesh Kumar Vs. State of Bihar, reported in (2014) 8
SCC 273.
(A.K. Srivastava-I, J) (A.R. Masoodi, J)
Order Date :- 28.6.2024
A.Dewal
Digitally signed by :-
ASHISH DEWAL
High Court of Judicature at Allahabad,
Lucknow Bench